Plateau Tribunal: Group expresses worries over contradictory Judgments

Cross section of Plateau youths at the World Press Conference by the Forum of former Youth Leaders (Veterans) in Plateau State on Monday

Plateau Tribunal: Group expresses worries over contradictory Judgment

- Justice Tukur erred in law
- His decision tantamount to sowing seed of discord
- Capable of setting the state in needless strife
- NJC, anti-graft agencies should investigate the matter
- Judges be made to attend retreats to sharpen, strengthen and improve their understanding of the law before commencement of any Election Petition Tribunal - Forum of former Youth Leaders in Plateau State

By: Joseph A. Adudu
September 18, 2023

The Forum of former Youth Leaders (Veterans) in Plateau State has expressed worries and concerns over the recent Judgments delivered by the Justice M. B Tukur led Panel one (1) of the National and State Assemblies Election Petition Tribunal sitting at High Court Complex Jos.

Recall that the Justice William Rotimi led Panel two (2) of the Plateau Tribunal delivered its Judgment in August and the question of structure upon which aggrieved Petitioners anchored their optimisms in their various petitions against the PDP was quashed.

The pronouncements by Hon. Justice Rotimi and other Justices of the panel 2 came having confirmed the validity of PDP's structure as evidenced in plethora of earlier court judgments that PDP had already complied with the Judgment of Hon. Justice S. P Gang in line with the constitution of the Federal Republic of Nigeria 1999 (As Amended), Electoral Act 2022 as well as chapter 8 of the PDP constitution.

In this regard, the Tribunal in the cases of Sen. Simon Mwadtkwon vs others, Hon. Musa Agah vs others made its pronouncement based on the above documents before it in evidence.

Yakubu Ibrahim Itse reading a text during a world press conference by the Forum of former Youth Leaders in Plateau State

n similar Judgments in the case of Hon. Isaac Kwallu vs others, the Tribunal maintained similar culture stance which laid to rest the question of whether or not PDP has a structure.

The Forum which addressed a world press conference in Jos on Monday, and the text read by Yakubu Ibrahim Itse, said that the Tribunal in these cases, unequivocally ruled that nomination and sponsorship of candidates for elections was the singular duty of the party and that the procedure for contesting such nomination was limited to not only members of the party but were aspirants in the said primary which must be in Federal High Court.

"We, the Veterans maintain that the above decision is correct and in compliance with the provisions of our relevant laws.

"Also, it was the considered opinion and conviction of the tribunal that the issue on nomination of candidates is a pre-election matter that should not form part of an election petition.

"With that valid and reverberating judgment the matter of structure and nomination of candidates was eternally put to rest.

"However, in the subsequent contradictory judgement delivered by Justice M. B. Tukur, on the 11th September, 2023, the respective victories of Hon. Peter Gyendeng, Hon. Musa Bagos and Hon. Beni Lar of Barkin Ladi and Riyom; Jos South and Jos East; and Langtang North and Langtang South Federal Constituencies as well as the election of Sen Napoleon Bali of Plateau South Senatorial District were unjustly overturned on same grounds as the first judgements".

The Forum asserted that for Justice Tukur to singly contradict his learned colleagues who had earlier upheld the elections of Sen. Simon Mwadkon, Hon. Musa A. Agah and Hon Isaac Kwallu on the same grounds, tantamount to sowing a seed of discord and chaos in the state.

"While we respect the sanctity of the Nigerian Judiciary, we nevertheless are perturbed about this recent judicial debacle that is capable of setting the State in a needless strife. This development is awfully troubling to us".

Consequently, the Forum held among others that; the learned Justice M. B Tukur erred in law to have unjustifiably interloped into a area external to the core interest and powers of his court, hence his Judgment should be revisited.

"That legal technicalities and intelligence should not be used to nullify the victory of Plateau duly elected leaders.

"That the election of PDP members who have been duly returned and sworn in which are still pending in the tribunal should be upheld.

"That the PDP cases that have been upturned by Justice M.B Tukur at the tribunal be restored back to the duly elected members of the PDP at the Appeal level.

Yakubu Ibrahim Itse

"That the National Judicial Council and organs of the law, as well as the anti-graft agencies should investigate the matter for any external or pecuniary motivations that have probably informed the decision of the Said-Justices."

The Forum strongly advice that henceforth, Tribunal judges and lawyers be made to attend retreats to further sharpen, strengthen and improve their understanding of the law before the commencement of any Tribunal case.

"We believe in the neutrality of the judiciary. We also have confidence in the Nigerian judiciary as the last hope of the common man.

"We believe that the judiciary is going to uphold the principle that, 'justice should not only be done, but should be seen to have been done", the Forum added.

________________________________________________________